Family Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) was signed into law by President Clinton February 5, 1993 and was subsequently implemented through regulations issued by the Department of Labor. The FMLA is now incorporated in the Code of Federal Regulations as 29 CFR Part 825 (Final Rule, effective February 6, 1995).

The Act is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, or the care of a child, spouse, or parent who has a serious health condition. The bill was supported by TCU and the entire labor movement.

The law has had far reaching impact both on our agreements and company policies. For example, several companies have unilaterally promulgated so-called “no fault” absenteeism policies that treat any absence by an employee, regardless of reason, as grounds for discipline. However, since FMLA absences are established by law, they cannot be used as a basis to discipline an employee.

The following links provide both an FMLA compliance guide issued by the Department of Labor (including a question and answer section), and the text of the FMLA regulation itself.

FMLA Compliance Guide
FMLA Regulation – 29 CFR Part 825 (Text)

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